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The Business Shield: Proactive Legal Engineering to Prevent Costly Disputes .
The most cost-effective legal strategy in business relationships is to avoid disputes, as they are a predictable risk. Minimising ambiguity and…
Supreme Court of India rules on unconditional stay of money decree
In a significant decision, the Hon’ble Supreme Court of India (“Supreme Court”), in Lifestyle Equities C.V. Vs. Amazon Technologies Inc., examined…
Supreme Court of India clarifies that failure to issue notice under Section 21 of the Arbitration and Conciliation Act, 1996 is not fatal
The Supreme Court of India (“Supreme Court”), in Bhagheeratha Engineering Limited vs. State of Kerala, has clarified that Section 21 of the…
Madras High Court observes that imposition of non-compete and/or non- solicitation clauses between hospitals and doctors are unlawful and opposed to public policy
In a recent ruling, the Madras High Court (“Madras HC”), in MIOT Hospitals Private Limited vs. Dr. Balaraman Palaniappan1, observed that a hospital…
Supreme Court of India upholds maintainability of Section 29A(5) application to extend the arbitral mandate even after award rendered post expiry of the statutory period
A Division Bench of the Supreme Court of India (“Supreme Court”), in C. Velusamy vs. K. Indhera, held that an application under Section 29A(5)2 of…
Arbitration Clauses v. NCLT’s Jurisdiction in Shareholder Disputes: Legal Position in India
Indian courts have consistently held that statutory remedies under company law cannot be overridden by private contracts. While arbitration…
Retrospectively speaking: BC Court of Appeal clarifies scope of consumer protection amendments
In 2025, the British Columbia Legislature amended the Business Practices and Consumer Protection Act (BPCPA) to prohibit mandatory arbitration…
Composite Trade Marks: Are they F[y]re-Proof?
In Trafalgar Group Pty Ltd v Boss Fire & Safety Pty Ltd, the Federal Court explained the operation of a “mark within a mark”, holding that…
Contractual Bar on Interest and the Award of Interest under Section 31(7) of the Arbitration and Conciliation Act, 1996: A Case Brief of Union of India & Ors. v. Larsen & Toubro Limited
The judgment in Union of India & Ors. V. Larsen & Toubro Limited was delivered by the Hon’ble Supreme Court of India in a civil appeal arising out of…
CETA’s investment regime picks up steam
Investment treaties are important tools for diversifying trade and promoting foreign investment. The Canada-European Union Comprehensive Economic and…
International Arbitration: Public Policy Objections to the Enforcement of Arbitral Awards
The recent decision of the English High Court in Hulley Enterprises Ltd v Russian Federation [2026] EWHC 456…
Supreme Court says sovereign immunity no bar to registration of ICSID awards
Contracting with sovereign states can bring big rewards for investors. It can also be a high risk strategy. Political instability, the threat of…
JAMS Places First in The National Law Journal's "Best Of” Survey
Irvine, Calif. - JAMS, the premier provider of alternative dispute resolution (ADR) services worldwide, is pleased to announce it has received first…
Enforcement of Foreign Arbitral Awards in the Post-NextEra Era
The DC Circuit in NextEra held that the FSIA’s arbitration exception turns on the existence, not the scope, of an arbitration agreement, making…
William M. “Bill” Parrish, Esq., Joins JAMS in Austin
Austin, Texas - JAMS, the premier provider of alternative dispute resolution (ADR) services, is pleased to announce that William M. “Bill” Parrish…
Swiss Federal SC Accepts Jordan Chiles Revision Request
The Swiss Federal Supreme Court has accepted the requests for revision filed by gymnast Jordan Chiles and USA Gymnastics against the arbitral award…
Supreme Court confirms the scope of state immunity in relation to the registration of ICSID arbitration awards
In a landmark ruling with significant implications for private international investors and foreign States, the UK Supreme Court has ruled that nation…
When is the best time to mediate in construction litigation?
In a case management hearing in a multi-party dispute arising from the Grenfell Tower fire (Kensington v Beko Poland), the court considered whether…
Latest Development in the USD 50 Billion Yukos Saga
On 2 March 2026, Mr Justice Bright of the English Commercial Court dismissed Russia’s objections to enforcement of arbitration awards worth…
FIFA’s Ban on Malaysian Player Modified to Exclude Football-Related Activities
The Court of Arbitration for Sport (CAS) has reduced the sanctions imposed on seven Malaysian players guilty of falsifying naturalisation and…
When “No Later Than” Is Not Enough: Calver J on Refund Guarantees, Conditions, Innominate Terms and Commercial Common Sense
In SLB and others v PAK and others [2026] EWHC 449 (Comm), handed down on 2 March 2026, the Commercial Court has confirmed that a shipyard’s…
Retrospectively speaking: BC Court of Appeal clarifies scope of consumer protection amendments
In 2025, the British Columbia Legislature amended the Business Practices and Consumer Protection Act (BPCPA) to prohibit mandatory arbitration…
DIFC Court: Orders Must Be Obeyed Until Set Aside - USD 75,000 Fine Imposed on Each Contemnor
The DIFC Court of First Instance has held two individuals and a company in contempt of court for breaching an injunction and anti-suit injunction…
Madras HC Upholds ₹4 Crore Arbitral Award in Pro Volleyball League Dispute
In an order dated February 17, 2026, the Madras High Court upheld an arbitral award directing the Volleyball Federation of India (VFI) to pay ₹4…
Solving Active Founder Litigation: Mediation, Early Neutral Evaluation, and Independent Dispute Counsel
This article discusses three approaches to resolving active founder litigation—mediation, early neutral evaluation, and independent dispute…
India’s Investment Treaty Landscape in 2026
India’s investment treaty and arbitration framework has changed markedly over the past two decades. Following some adverse arbitral awards in the…
Data Analytics: A Secret Weapon in Complex Arbitrations
Data analysis is often the difference between a successful outcome and a missed opportunity in high-value and complex international arbitrations. For…
“Regulatory Unfitness to Trade”: The New Seaworthiness Frontier in Decarbonisation Disputes (Part I - CII)
As the maritime industry enters the era of mandatory decarbonisation, the traditional legal boundaries of seaworthiness are being reshaped. Moving…
Geen bemiddelingsakkoord overeenkomstig artikel 1732 Ger. W. zonder ondertekening door de bemiddelaar
Het Hof van Cassatie oordeelde in een recent arrest van 1 December 2025 dat er geen sprake is van een bemiddelingsakkoord overeenkomstig Artikel 1732…
What’s really holding us back from recommending mediation?
At our recent event, we invited fellow family solicitors, who are not practicing mediators, to speak candidly about what makes them hesitate before…